Valid Grounds for Contesting a Will

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June 9, 2014 by generationsprobate

From drafting a will to choosing an executor, estate planning is a process that should be handled with care, because otherwise, there could be quite a lot of loopholes that might cause interested parties to contest it. Here are some of the common grounds for contesting that probate lawyers often have to deal with:

  • Invalid wills – the will itself cannot be recognized in court as a valid document.

  • Invalid process – while the will’s structure may be legal, the process that it had gone through is not in conformity with state laws.

  • Testator’s incapacity – testators must understand the value of their assets, their logical inheritors, and the legal aspects of writing a will. Lack of any one of these three elements could render a testator incapable and his or her will invalid.

  • Undue influence – the testator should in no way be under duress upon writing his will.

  • Fraud – malicious fabrication of elements or components of the will to give it the appearance of being valid and executory. This could either be performed by the testator himself or by other interested parties with ulterior motives.

With all these grounds for invalidating or questioning the validity of a will, testators should see to it that they are taking the right steps and making sure that their estate will be divided and distributed the way they planned it to be.

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GenerationsProbate

Generations is a Sacramento-based estate and trust law firm, providing quality legal counsel in Estate and Tax Planning, Trust Administration, Probate Administration and Elder Law. The name reflects the firm's position as a devoted ally that helps families and businesses make informed decisions about their futures, from one generation to the next.


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